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Assaults

What is an Assault ?

Assault can range from physical contact involving a push to more serious forms of conduct resulting in injuries. Generally, an assault occurs when a person intentionally applies direct or indirect force to another person without consent.

Common Types of Assault and Related Offences :

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Domestic Assault

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Assault Causing Bodily Harm

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Aggravated Assault

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Threatening Death

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Assault with a Weapon

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Sexual Assault (Sexual Touching, Indecent Acts)

Defences to Assault

Consent

For an assault to occur, the Crown has to prove that the application of force by the accused
person was done without the consent of the party to whom the force was applied. Consent may be given expressly or implied. Often, consent is implied and is generally determined from the surrounding circumstances of the offence.

Self -Defence

A person may be justified in using force or threatening the use of force in certain
circumstances, to protect either themselves, family members or property. The rule permits the use of force IF the force is reasonable in the circumstances. Whether the use of force is reasonable will depend on the facts of the case.

Mistaken Belief in Consent

If consent did not actually exist, the accused may be able to argue that they
honestly believed that the other party consented to the application of force.

Assault Cases

R v. J.G.

Charge: Multiple historic assaults in a domestic context

Result: This case was set for trial. However, the trial dates were set so far into the future, coupled with a significant amount of delay in case management allowed for an argument to be made that the client’s s.11(b) Charter Right had been breached. An 11(b) Application was filed and argued. The court held that our client’s Charter Right had been violated and the charges were STAYED.

R v. S.S.

Charge: Assault in a domestic context

Result: From reviewing the disclosure and police notes, the Complainant in the case lacked a significant amount of credibility and reliability. Following negotiations with the Crown, the Crown WITHDREW the charges against our client due to a lack of reasonable prospect of conviction.

R v. C.B.

Charge: Assault (x2), Assault – Choke, Suffocate, Strangle

Results: This matter proceeded to trial. The defence was in possession of video footage of the incident and the complaint showed a lack of credibility in her version of events. The charges were DISMISSED as a result of the complainant’s lack of credibility and reliability.

R v. R.P.

Charge: Assault Bodily Harm, Assault & Assault – Choke, Suffocate Strangle (x2).

Result: This matter proceeded to trial. During the trial there were issues with the complaint’s credibility and reliability and a negotiated resolution was reached between Crown and Defence mid-trial. The accused plead guilty to assault bodily harm and received a conditional discharge.

Penalties for Assault

The consequences of being convicted of an assault charge are serious. If found guilty, you could receive a criminal record and be sentenced to jail time. Alternatively, the court may impose a less severe sentence, such as probation with counselling.

We have the experience and resources required to provide you with the most effective legal defences. It is important to remember that every allegation is a fact specific inquiry. Consulting a lawyer will assist you with identifying potential defences to this type of allegation.